[2024] UKUT 226 (AAC)

To hold a standard operator’s licence, it is necessary for the operator to appoint a transport manager who meets the requirements in paragraph 14A(1) and (2) of Schedule 3 to the Act. That person can be the operator himself (s.13A(3)(a)(ii) of the Act). One of those requirements is that the transport manager is of good repute (paragraph 14A(1)(b) of Schedule 3 to the Act). If the transport manager’s repute is in question, a traffic commissioner cannot find that repute is lost unless the transport manager has been served with a notice stating the allegations against him, the fact that his good repute is in issue, that he can make representations and that he can have an inquiry to determine the matter (paragraph 15(1) of Schedule 3 to the Act). Paragraph 16 of Schedule 3 to the Act deals with the position if such a finding is made:

“16.(1) In proceedings under this Act or the 2009 Regulations for determining whether a person who is a transport manager is of good repute or professionally competent, a traffic commissioner must, in accordance with paragraph 5(2) (if applicable), consider whether a finding that the person was no longer of good repute or (as the case may be) professionally competent would constitute a disproportionate response.

(2)

If the commissioner determines that the person is no longer of good repute or (as the case may be) professionally competent, the traffic commissioner must order the person to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from acting as a transport manager.” [my underlining]

In this case, the DTC found that the Appellant had lost his good repute as transport manager, on the basis (amongst other things) that he had allowed the unlawful use of vehicles on another operator’s licence to continue for three years. The Appellant was disqualified from acting as transport manager indefinitely, under paragraph 16(2) of Schedule 3 to the Act. The DTC followed the requirements set out in paragraph 15 of Schedule 3 to the Act in making his determination with regard to good repute. He did not consider his finding to constitute a disproportionate response. It is not in issue that the good repute of the Appellant as transport manager was lost, and this finding meant that the DTC was bound by law to disqualify him from acting as such in the future.